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(영문) 광주지방법원 해남지원 2015.02.04 2014고단372

사기

Text

1. Defendant A shall be punished by imprisonment with prison labor for a period of two years and six months.

2. Defendant B is punished by imprisonment with prison labor for one year.

(b).

Reasons

Punishment of the crime

Defendant

A is a person who engages in the business of leasing construction equipment, and Defendant B is a substantial operator of the Dispute Resolution Co., Ltd., and Defendant C is a public official working in Jindo-gun G, Jindo-gun, and Defendant A and Defendant B are pro-friendly.

On March 2013, Jindo-do, the victim Jeonnam-gun, in order to promote the development of maritime affairs and fisheries and the revitalization of the regional economy, shall select a business operator to support fish farming facilities in order to pay 60% of the total project cost (30% of the total project cost, and 30% of the military expenses) to the business operator as a self-charge. Although the defendant A did not have the ability to bear the necessary expenses for receiving the above subsidies, the defendant A had the ability to lend money from the son and received the above subsidies. Although the defendant B and the defendant C knew that he did not have the ability to bear the self-charge, the defendant C transferred money to A, and had the document prepared as if he had the ability to pay the self-charge, and had the document prepared as if he had the self-charge on this basis.

1. On March 27, 2013, the Defendant: (a) in the Jindo-gun fishery support division located in Jindo-gun, Jindo-do; (b) the Defendant borrowed money from the said eco-friendly tidelands to the extent that the Defendant had the ability to pay KRW 200 million, which is the project cost for the support of fish farming facilities; (c) and (d) received documents from B as if the Defendant had the ability to pay self-charges; and (d) received deposits from C to the water cooperative account in the name of the Defendant; and (d) submitted to the victim an application for the autonomous fishery business including the balance of the said account; and (e) around June 2013, the Defendant filed an application for advance payment amounting to KRW 70,000,000,000,000 with the said account in advance.